Much of success in litigation is dependent upon your preparation. This is true even if you expect to negotiate resolution. One of the keys to thorough preparation is ensuring that you know what information the other side possesses. After all, that’s the only way that you can anticipate the arguments that they are going to present. This, in turn, allows you to build your legal strategy and craft compelling counter arguments. But how do you go about obtaining this information?
What discovery entails
You gain information from the other side through a process known as discovery. Discovery can be pretty all-encompassing, which is what you want. Discovery oftentimes includes requesting the production of documents from the other side, the disclosure of witness and exhibit lists, and it usually involves the taking of depositions.
How depositions can help your case
Depositions are the taking of sworn testimony before the formal trial in your case. They unfold in a question-and-answer format just like trial testimony, and it can be just as powerful. While depositions allow you to gain information from the other side, they also allow you to lock in a witness’s testimony so that you not only know how he or she will testify at trial, but you can also attack his or her credibility if his or her trial testimony veers away from the testimony that was given at the deposition. You may even be able to block the other side from presenting evidence from a witness if you subpoena that witness for a deposition and he or she fails to appear.
Build the competent case that you deserve
There’s a lot at stake in your business law case, which is why you should work hard to ensure that no stone is left unturned. That’s where the discovery process can prove fruitful. Yet, it’s just one of the many steps involved in competent business litigation. So, if you want assistance in this regard and in developing the strong legal strategy that you need to protect your interests, then now may be the time to reach out to a qualified legal professional of your choosing.